Canino v. D.R.C. Co.

The opinion of the court was delivered by

LANDAU, J.S.C.

(temporarily assigned).

Here James P. Dugan appeals from an order adjudicating him to be in contempt of court for failing to complete his testimony at a deposition ordered by the court. The trial judge based his order on the authority of R. 4:23-2(b)(4) which authorizes a court to treat, “... as a contempt of court the failure to obey any [discovery] orders____”

The principal issue raised on appeal is whether such an order may be issued under the court’s inherent powers without complying with the procedures set forth in R. 1:10-1, et seq.…